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HomeMy Public PortalAbout11-04-97 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, NOVEMBER 4, 1997 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by the Mayor at 7 00 p m Present were Councilmembers Martha Broucek, Mortimer Fried, Gregory Han, Hugh O'Reilly, Vice Mayor Michele Padovan and Mayor John Festa Councilmember Betty Sime was absent Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Richard Weiss 2 INVOCATION Reverend Robert M G Libby, St Christopher's by the Sea gave the invocation 3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 4 APPROVAL OF MINUTES The minutes of the Council Meeting of October 21, 1997 were approved by unanimous consent 5 AGENDA There were no changes made to the agenda 6 SPECIAL PRESENTATIONS The Mayor presented Resolution 97-50 to Helen White, recognizing her for her efforts and services to the community The Mayor presented the checks to the following 1997 participants of the Employee Training and Development Program Firefighters Ray Aguiar, Gary Carter, Frank Galgano and Tama Romero, Michael Bain, Ana de Varona, Carolyn Greaves and Lieutenant Cathy McElhaney Mr Lynn Whisenhut, General Manager, Adelphia Cable, addressed the Council and the public regarding the services that Adelphia Cable provides to the residents of Key Biscayne Mr Whisenhut announced that ESPN2 will be added to the channels offered on Key Biscayne as of December 1, 1997 Mr Whisenhut also stated that Adelphia Cable is working on the following programs to be launched in December a Spanish service program, digital channels like the Sega Channel (interactive games) and a musical program Heidi Archibald, 801 Ocean Drive, Scott Bass, 201 Galen Drive addressed the Council I of November 4 1997 Mr Paul Kvedaras, Marketing Chairman, Scouts with Disabilities, Jennifer White, District Executive and Anna Medina representing the Hospice House addressed the Council and the public regarding a request to use the Village Green, for a period of two weeks from December 6 to December 24, 1997, for the purpose of installing a Santa Claus booth Mayor Festa made a motion to approve the request Councilmember O'Reilly seconded the motion and it failed by a 2-4 voice vote The vote was as follows Councilmember O'Reilly and Mayor Festa voting Yes Councilmembers Broucek, Fried, Han and Vice Mayor Padovan voting No 7 PUBLIC COMMENTS Michael King, 745 Fernwood Road addressed the Council 8 ORDINANCES The Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE VILLAGE CODE, BY CREATING ARTICLE IV "SPECIFIC ZONING DISTRICT REGULATIONS" CONSISTING OF SECTION 30-80 "WATERFRONT RECREATION AND OPEN SPACE ("WR") ZONING DISTRICT, AUTHORIZING CERTAIN USES AS PERMITTED USE SUBJECT TO SITE PLAN APPROVAL AFTER PUBLIC HEARING, PROVIDING FOR REZONING OF CERTAIN LAND FROM COUNTY ZONING DISTRICTS, BY REZONING PARCEL AT 180 HARBOR DRIVE FROM COUNTY RU -3M ZONING DISTRICT TO VILLAGE "WR" ZONING DISTRICT AND REZONING A VACANT PARCEL LYING IMMEDIATELY TO THE SOUTHWEST FROM COUNTY RU -1 ZONING DISTRICT TO VILLAGE "WR" ZONING DISTRICT AND REZONING CERTAIN PARCEL AT 685 OCEAN DRIVE FROM COUNTY RU -4A ZONING DISTRICT TO VILLAGE "WR" ZONING DISTRICT, PROVIDING FOR REVISION OF ZONING MAP, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR AN EFFECTIVE DATE Director of Building, Zoning and Planning, John Little addressed the Council and the public regarding this ordinance The Mayor opened the public hearing Jacqueline de Leon, 615 Ocean Drive, Bill Cole, 580 Fernwood Road, Jim Taintor, 355 Harbor Dnve, representing the Yacht Club, addressed the Council The Mayor closed the public hearing The Attorney addressed the Council regarding this ordinance Councilmember Han made a motion to adopt the ordinance on first reading The motion was seconded by Councilmember Fried 2 of November 4 1997 Councilmember Han made an amending motion to add under Section 30-80 Waterfront Recreation and Open Space Zoning District Section (C) 1 Private6beachfront areas The motion was seconded by Councilmember Fried and approved by a 6-0 roll call vote The vote was as follows Councilmembers Broucek, Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember Han made an amending motion to delete Scction (C) 2 in its entirety and renumber the following sections under Section 30 80 Waterfront Recreation and Open Space Zoning District The motion was seconded by Mayor Festa and approved by a 5-1 roll call vote Councilmembers Broucek Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember Fried voting No Councilmember Han made an amending motion to add under Section 30 80 Waterfront Recreation and Open Space Zoning District Section (D) Development Parameters 3) Minimum setbacks Lifegiardtstands The motion was seconded by Mayor Festa and approved by a 6-0 roll call vote The vote was as follows Councilmembers Broucek, Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember O'Reilly made a motion to delete Scction (E) in its entirety under Section 30 80 Waterfront Recreation and Open Space Zoning District The motion died for lack of a second The ordinance as amended was approved by a 6-0 roll call vote The vote was as follows Councilmembers Broucek, Fned, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes The Clerk announced that the second reading of this ordinance is scheduled for the meeting of November 18, 1997 9 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ENDORSING AND SUPPORTING DESIGNATION OF A HISTORIC SITE AND CREATION OF A MUSEUM AND MEMORIAL AT THE RICHMOND NAVAL AIR STATION IN DADE COUNTY, FLORIDA Councilmember O'Reilly made a motion to approve the resolution The motion was seconded by Mayor Festa and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes 3 of November 4 1997 The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE KEY BISCAYNE ATHLETIC CLUB, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fried made a motion to approve the resolution The motion was seconded by Councilmember Broucek and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Fned, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes There was extensive discussion from Council on this issue Mayor Festa instructed the Manager to request from all organizations that have a contract with the Village, to provide a document that indicates their expenses and revenues for the year Steve Simon, 335 Harbor Lane, representing the Atheltic Club, addressed the Council 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers The Manager addressed the Council regarding the Village's appraisal for the SunTrust property informing the Council that it has been completed and now awaiting for the SunTrust's appraisal to be completed and at that time both appraisals will be opened and made public Robert Brooks, 95 West McIntyre reiterated to the Council that the first priority for the SunTrust Bank is to build their branch and after this is accomplished, then the SunTrust Bank will be ready to negotiate with the Village regarding the sale of the existing building, Raul Llorente, 345 Cypress Drive addressed the Council There was extensive discussion from Council on this issue The Attorney also addressed the Council regarding this issue The Mayor requested that a representative from the Library Beautification Foundation address the Council regarding the Foundation Cecile Sanchez, 260 Cypress Drive, Alison Owen, 1111 Crandon Boulevard addressed the Council regarding the library landscaping, informing the Council that the Foundation received a donation and, therefore, will no longer need the grant from the Village The Foundation requested that the Village be responsible for fertilizing the library gardens three times a year and mulching twice a year 4 of November 4 1997 Councilmember Fried withdrew his item regarding the Key Biscayne Beautification Foundation, Inc There was no objection to this request Vice Mayor Padovan requested approval from Council to send a letter to Mr Roger Cuevas, Superintendent of Schools, Dade County Public Schools stating that she is the school board representative, appointed by the Village Council, before the Dade County School Board By consensus of the Council the Clerk was directed to send the letter to Mr Cuevas Councilmember Han offered technical corrections to the letter and they were approved without objection Councilmember Broucek requested to adopt the following goals and objectives Crandon Boulevard, Village Facilities, Sidewalks West Heather and West Wood, Beach Preservation and Village Voices The Clerk was directed to bring an updated report regarding the Village Voices to the meeting of December 9, 1997 Councilmember Fried addressed the Council regarding the West Heather and West Wood Drive traffic calming Councilmember Fried stated that the construction of sidewalks on the north and south sides of both streets should start on January 1, 1998 and then appropriate funds in 1999 to take care of the traffic calming The Manager also addressed the Council regarding this issue The Manager was requested to bring to Council costs for this project and to also include the portion of East Enid between the Fire Department and the School Village Attorney The Attorney did not submit a report Village Clerk Pursuant to Section 2 02 of the Village Charter, an election was held for the vice mayor's seat Councilmember O'Reilly nominated Vice Mayor Padovan The nomination was seconded by Mayor Festa Vice mayor Padovan nominated Councilmember Fried The nomination was seconded by Councilmember Broucek Voting by ballot, the Council elected Councilmember Fried to serve as Vice Mayor The vote was as follows Councilmember O'Reilly and Mayor Festa voting for Vice Mayor Padovan Councilmembers Broucek, Fried, Han and Vice Mayor Padovan voting for Councilmember Fried The Clerk announced that there will be a Town Meeting on November 22, 1997 at the Sonesta Beach Resort and invited the public to attend 5 of 8 November 4 1997 Village Manager The Manager recommended that the workshop on the proposed sanitary sewer be called a public hearing due to the state loan requirements By consensus of the Council the request was approved Councilmember O'Reilly made a motion to conduct a bacteriological study of the waterways of the unsewered areas up to a ceiling of $50,000 The motion was seconded by Councilmember Broucek Councilmember O'Reilly withdrew his motion Councilmember O'Reilly amended his motion to say that the bacteriological study should not to exceed $20,000 The motion was seconded by Councilmember Broucek Councilmember Han made a proposal to contact DERM to conduct this study Carlos Penin, Village Engineer and Andrew Pierce addressed the Council regarding this issue Councilmember O'Reilly amended his motion to direct the Manager to find out the cost to conduct such a study The motion was seconded by Mayor Festa and failed by a 3-0-2 voice vote Councilmembers Broucek, O'Reilly and Mayor Festa voting Yes Councilmembers Fried and Han voting No (Vice Mayor Padovan was absent at the time of the vote) The Manager addressed the Council regarding the financial aspect of the proposed sanitary sewer project The Attorney addressed the Council stating that the Village needs to get an opinion from a tax attorney regarding the tax issue Jack Neustadt, Director of Finance and Administrative Services also addressed the Council Mayor Festa suggested that staff look into the City of West Miami and find out where their sanitary sewer is billed Do they get a bill from the County or do they get a bill from the City of West Miami Councilmember Han brought to the attention of the Council that Harbor Point is not included in this project because it is a private road This issue is to be brought back at a future Council meeting The Attorney and the Engineer addressed the Council regarding this issue The manager will bring the Post Office update report to the next Council meeting The Manager requested a motion to award a contract to Ground Works of Palm Beach County, Inc for seven (7) palm trees at $2,900 each for a total of $20,300 The request failed by a 3-3 voice vote The vote was as follows Councilmembers Broucek, Fried and Han voting Yes Councilmember 0' Reilly, Vice Mayor Padovan and Mayor Festa voting No Village Planner, Raul Lastra and Village Engineer, Carlos Penin addressed the Council regarding this issue 6of8 November 4, 1997 Vice Mayor Padovan made a motion to authorize the Manager to spend $100 per Circle The motion died for lack of a second The Manager was requested to come back to Council with a recommendation and a cost ro plant Alexandrias in the circles The Manager recommended to Council to support a program of the Rotary Club of Key Biscayne where they select an Employee of the Quarter The program was approved by consensus of the Council The program for the Heritage Trail Dedication was approved as presented to Council by unanimous consent Mayor Festa made a motion to extend the meeting until 11 10 p m Councilmember Broucek seconded the motion and it failed by a 4-2 voice vote (unanimous vote required) The vote was as follows Councilmembers Broucek, Fried, Han and Mayor Festa voting Yes Councilmember O'Reilly and Vice Mayor Padovan voting No Vice Mayor Padovan made a motion to reconsider extending the meeting The motion was seconded by Mayor Festa and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Fried, Han, O'Reilly, Vice Mayor Padovan and Mayor Festa voting Yes The motion to extend the meeting until 11 10 p m failed by a 5-1 voice vote (unanimous vote required) The vote was as follows Councilmembers Broucek, Fried, Han, Vice Mayor Padovan and Mayor Festa voting Yes Councilmember O'Reilly voting No The Chief of Police, Michael Flaherty addressed the Council regarding a parking concern from the Key Biscayne Community School requesting sidewalks on Fernwood to allow children to walk safely to the new entrance of the school The Chief also addressed the issue of the crossing guard in front of St Agnes School informing the Council that this position has been advertised on several occasions with no response The Chief of Police was directed to issue warnings first and then issue tickets to everyone that is parked illegally around the school The following items were submitted to the Council The monthly departmental reports (October), letter from Darlene Mooney, Pnncipal, Key Biscayne Community School, regarding the Attendance Boundary Committee, dated October 30, 1997 11 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 7of8 November 4 1997 12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and public 13 ADJOURNMENT The meeting adjourned at 11 15 p m Respectfully submitted Conchita H Alvarez, Village Clerk Approved this 18th day of November ,1997 3 as, -74,_ F Festa ayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED 8 of